ArmInfo. Armenian Prime Minister Nikol Pashinyan shares the concerns of Speaker of the Parliament Ararat Mirzoyan on the situation around the Constitutional Court.
Speaking at a press conference in Vanadzor on September 16, the head of government emphasized that the Constitutional Court is a co-author of all the troubles of Armenia, starting with the falsification of the election results since 1996 and ending with the decision adopted on September 4. At the same time, Nikol Pashinyan does not believe that the speaker's assessments are political. The head of government stressed that many lawyers are inclined to consider the September 4 decision made by the Constitutional Court illegal. "Everyone knows why this decision was made, who is the head of the Constitutional Court, through whom he took this position, and whose interests he is called upon to serve," Nikol Pashinyan said. He added that the two judges of the Constitutional Court are directly related to events 1-2 March 2008, and it is not clear why they did not submit a recusal in the course of the proceedings. "One thing is clear: the Constitutional Court will no longer act against the interests of the people," the head of the Armenian government said.
Earlier today, speaking at a meeting of the National Assembly of the Republic of Armenia, Parliament Speaker Ararat Mirzoyan stated that the National Assembly of Armenia, within the framework of its powers, should express its position on the situation around the Constitutional Court of the Republic of Armenia. According to him, the appeals of the Constitutional Court to the Venice Commission and the European Court of Human Rights, adopted on the basis of a statement by Robert Kocharyan, cause concern. "Considering the situation that has arisen in and around the Constitutional Court of the Republic of Armenia, I share the public's concern about this," the speaker said, pointing primarily to the decisions of the Constitutional Court of September 4. According to Ararat Mirzoyan, when considering the case on the basis of the statement of Robert Kocharyan and making his decision, the Constitutional Court did not make this issue a subject of proper discussion. Moreover, he rejected, without justifiable reason, a statement by a judge of the Constitutional Court that it was impossible for three members of the Constitutional Court to participate in the consideration of the case, which indicates a clear bias against the applicant, thereby casting doubt on ensuring an impartial court.
To recall, on September 4 the Constitutional Court of Armenia upheld Robert Kocharyan's defense claim - Article 35 of the RA Criminal Code is recognized as unconstitutional and unlawful, since it does not provide for the functional inviolability of officials who are specially protected by the Constitution, including circumstances that exclude criminal proceedings or criminal prosecution. "This article is found to be contrary to clause 4 of part 1 of article 27, part 1 of article 61, part 1 of article 63, articles 75 of the Constitution," the Constitutional Court stated. On the second appeal of Kocharyan's defense on the review of compliance with the Constitution of Part 2 of Article 135 of the Criminal Procedure Code of the Republic of Armenia, the Constitutional Court recognized it as complying with the country's main law. Thus, the Constitutional Court ruled that the verdicts adopted today, in accordance with part 2 of Article 179 of the Constitution, are final and come into force from the moment they are published.
It should be noted that Robert Kocharyan was arrested on charges of overthrowing the constitutional order.